Sameer Raza vs State of U. P. - 2023 Supreme(All) 2429

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2429

RAJIV GUPTA
Sameer Raza – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Vikrant Gupta
For the Opposite Party : G.A.

JUDGMENT

Rajiv Gupta, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. The present application under Section 482 Cr.P.C. has been filed for quashing summoning order dated 11.8.2022 passed by learned Additional Chief Judicial Magistrate, Court No. 3, Rampur, in Complaint Case No. 228 of 2022 ( Haseeb Ahmad v. Sameer Raza ) under Section 138 of N.I. Act, P.S. Civil Line, District Rampur, as well as order dated 30.11.2022 passed by learned Session Judge in Criminal Revision No. 97 of 2022 ( Sameer Raza v. State of U.P. ) affirming the impugned order dated 11.08.2022 passed by learned Magistrate on the ground that the revision is barred by limitation.

3. As per the allegations made in the complaint, it is alleged that applicant had issued a Cheque No. 000022 dated 30.4.2022 for a sum of Rs. 6,87,500/- to Opposite Party No.2, however, on presentation of the said cheque, the same was dishonoured by the bank and returned back. After the dishonour of the cheque, a notice was sent to the applicant to make good the payment, however, despite being noticed, the due amount was not paid, as such, the present complaint under section 138 of N.I. A